Revolutionary War Pension and Bounty Land Warrant Application File S. 29795, William Fitzgerald, Mass.

SERVICE
NUMBER
Mass
Fitzgerald, William
S. 29795
CONTENTS

174 P 3 William Fitzgerald Mass
Purch 9 Mar 12 May
11. 17 06
March 26 1833
P 314
30 132 81.32 62.64 15.66 78.30 15.66 93.96
Mason Shaw Belchertown Mass

BRIEF in the case of of
William Fitzgerald  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 85 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Vol In 1775 2 8 12 As a Private Gen. Warren   " " " 1 6 12 As a Sergeant Capt Barnes & Pickering   " " " Sutman 8 12 As a Corporal " Hugg, Gen Sullivan   " " " 1 6 12 As a Sergeant " Hugg   " " " 1 3 12 As a Private " Brown  
 5. In what battles was he engaged? at Bunkerhill at Trenton some fights at sea and took some prizes  6. Where did he reside when he entered the service? Salem Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. Hugg  Examining Clerk.

Commonwealth of Massachusetts
County of Hampshire } ss.
On this fifteenth day of August A.D. 1832, personally appeared in open court, before Samuel Henshaw Judge of Probate of Wills &c within and for said county of Hampshire now sitting at Belchertown in said county William Fitzgerald resident of Ware in said county of Hampshire, aged 85 years and will be 86 years old the 24 th day of January next, who being first sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of being repaid June 4 th 1832, viz
That on the day of the battle at Lexington he then lived at Salem, entered as a volunteer the same day, and marched, and overtook the enemy at the magazine in Newtonville, in the company commanded by Capt. Barnes, in the Regiment commanded by Col. Timothy Pickering. The next day returned to Salem. Immediately afterwards he entered into the company commanded by said Capt. Barnes for the term of eight months and received his warrant as the first sergeant, and served in that capacity for said eight months, at the end of said eight months he received his discharge at Winter Hill near Charlestown. He further says that on the night previous to the Battle on Bunker Hill he volunteered his services and marched on to Bunker Hill the night of the sixteenth of June A.D. 1775 and broke ground about 12 o'clock and assisted in building the redoubt, and remained in it and fought in it the 17 th day until ordered to retreat.

That he was about six rods behind Gen Warren when he fell, and saw him fall. That afterwards he also as a volunteer joined the party that went on to Noddle's Island in Boston Harbour and took and brought off the battle and then that the enemy had taken & put on to said Island, and captured also a ten gun Schooner set to guard the same, and also a man-o-war's barge and destroyed them.
That afterwards at the time of Sullivan's expedition. He entered as a volunteer in the Company commanded by Capt Samuel S. Ladd, and served as black in said Company. Said company were all volunteers made up of and mostly of Captains of vessels and merchants, and that when said Company arrived at Newport. He waited on General Sullivan for orders and at the battle at Newport was stationed on the right of Gen Glover's Brigade and there fought during the engagement, and that he served six weeks in that campaign.
That afterwards he shipped on board the brig Lynn, being one of the first privateers commissioned, she mounted sixteen guns and one hundred and sixteen men, and was commanded by Capt. Ishmael Hardy. - She sailed from Salem - entered in the English Channel and captured the ship Miss. Queen mounting 14 guns & 96 men after an engagement of about two days 25 hours, in which engagement the Lynn had 23 wounded. The Miss Queen had 17 killed & 33 wounded and that said cruise lasted six months.

That afterwards he shipped on board the privateer Montgomery mounting fourteen guns & about ninety men commanded by Capt. Nathan Brown and sailed from Salem, the time not remembered, and cruised off Bermuda in the Gulf Stream and on the coast and took six vessels, five of which arrived in the United States. The cruise lasted about three months; and also, that he has no documentary evidence and that he knows of no person, whom testimony he can produce, who can testify to his services.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on any pension roll or agency of any state.
Subscribed by me J. Williams Sworn to & subscribed by J. Williams Fitzgerald the day & year aforesaid before me Samuel Hinckley Judge of Probate for S. County
We Abel Jones and Gideon Jones residing in Blethenstown aforesaid hereby certify that we have been well acquainted with William Fitzgerald for thirty years, who has subscribed and sworn to the above Declaration; that we believe him to be eighty five years of age; that he is respected and beloved in the nei- ghborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion - and in the other premises.
Sworn to & subscribed by us Abel and Gideon Jones before me Samuel Hinckley Judge of Probate
Abel Jones Gideon Jones

and the Court aforesaid declares it to be their opinion after the investigation of the aforesaid Declarations & Statements and after putting the interrogatories prescribed by the war department that the aforesaid Applicant was a revolutionary soldier and served as he states - and the Court further certifies that it appears satisfactory to the Court that the aforesaid Abiel Gideon Lewis residents in Belchertown aforesaid are credible persons and their statement is entitled to credit. Samuel Brinsley Judge of Probate
I Samuel F. Lyman Register of the Court of Probate aforesaid do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of William Fitzgerald for a pension.
Wm Fitzgerald Applicant for a Pension No 2032 17413
In testimony whereof I have hereunto set my hand and seal of office this fifteenth day of August A.D. 1832.
Sam l F. Lyman Register

21. 3158
Massachusetts
William Fitzgerald
at Cambridge in the State of Mass who was a Private in the Corp, commanded by Captain Barnes of the Regt, commanded by Col. Pickering in the Mass line for 9 Mos. 12 ds
Mule
Inscribed on the Roll of Mass at the rate of 31 Dollars 32 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 13 day of Sep. 1831 and sent to Mr. Shaw Belchertown
Amounts to the 4th of Sep. 33 $ 62.64 Fem-ant. allowance ending 1st Mo. '33 15.66 $ 93.96
Recorded by J. { Revolutionary Claim, } Clerk, { Recd June 7, 1832. } Book E Vol. 4. Page 26
87
Hampshire
Date of death not on a B

Personally appeared before me the undersigned a justice of the Peace in and for said County of Hampshire William Fitzgerald who being duly sworn, deponeth and saith, that he was born in Salem in the Commonwealth of Massachusetts January twenty fourth 1747, and that his birth is registered in said Salem but that he has not a certified copy thereof in his possession. He further says that the discharge mentioned in his declaration, at the close of his eight months service, he received from said Capt Barns, but he has no remembrance what has become of it.
He further says that the six weeks service mentioned in his said declaration was between the last of July and the first part of September 1778, and that in addition to doing the duties of clerk of said company - he acted during that campaign as orderly sergeant of said company - kept the orderly book, which (being a letter) he afterwards used in the crown of his hats.
He further says that he lived and does now live on the borders of the town adjoining Belchertown in said County and within one hundred rods of the boundary thereof, and was unacquainted with the clergymen of said Ware, and was also too young to hire them to attend church - he therefore procured the testimony of two respectable citizens of Belchertown who had known him well for about thirty years to testify to his credibility William Fitzgerald
Hampshire ss. July 17 th 1833 Personally appeared the above named William Fitzgerald and made solemn oath that the above affidavit by him subscribed is true before me Aaron Shaw Justice of the Peace

I certify that full credit is to be given to the within statements of Mr. Fitzgerald Mason Shaw Justice of the Peace
Commonwealth of Massachusetts Hamblen ss I Sam L. Lyman Register of the Court of Probate for said County do hereby certify that Mason Shaw Esq before whom the annexed deposition was taken was at the date thereof a Justice of the Peace within & for said County & that the signatures purporting to be his are genuine
In testimony whereof I have hereunto set my hand & seal of office this 13 th day of August 1833 Sam L. Lyman Register
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

September 24, 1934
XXXXXXXXXXXXXXXXXXXX
BA-J/NLB William Fitzgerald-S.29795
Mrs. Vera J. Elliott Box 604 Saint Petersburg, Florida
Dear Madam:
Reference is made to your letter in which you request information in regard to William Fitzgerald, who enlisted as a minuteman from Salem, Massachusetts, in the Revolutionary War.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S. 29795, based upon the military service in that war of William Fitzgerald, the only soldier of that name who served with the Massachusetts Troops that is found on said records.
William Fitzgerald was born January 24, 1747, in Salem, Massachusetts. The names of his parents are not shown.
While a resident of said Salem, William Fitzgerald volunteered the day of the battle of Lexington in Captain Barnes' Company, Colonel Timothy Pickering's Massachusetts Regiment, served one day, returned to Salem, enlisted in Captain Barnes' Massachusetts Company, served eight months as 1 st sergeant and was in the battle of Bunker Hill: during this service, he went as a volunteer to Noddles Island in Boston Harbor, and assisted in taking off the cattle and sheep which the enemy had put on said island; also, captured a ten gun schooner and a brig belonging to the enemy: in July, 1778, he volunteered to go to Rhode Island in General Sullivan's expedition, served six weeks in Captain Samuel Flagg's Massachusetts Company, and was in the battle on Rhode Island: during this service he acted as clerk to the company and also as orderly sergeant.
He afterward shipped on board the brig "Lyon", Captain Ishmael Hardy; sailed from Salem and cruised in the English Channel, assisted in capturing a British ship and served six months: he again went to sea shipping this time on board the privateer "Montgomery", Captain Nathan Brown, and cruised off Bermuda: they took six vessels, five
Could not identify Did not find ev. in any of the service logs.
I found list of these Captains with names of their logs in Mass S & L.

of which were taken to the United States; the length of this service was six months; no dates are given for either of the sea services of William Pickering.
He was allowed pension on his application executed August 15, 1832, at which time he was residing in Ware, Hampshire County, Massachusetts. In 1833, he was residing near Belchertown, Massachusetts.
There are no data as to soldier's family.
In order to obtain the date of last payment of pension, the name and address of person paid, and possibly the date of death of the Revolutionary War pensioner, William Fitzgerald(S.29796), you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
William Fitzgerald, Certificate No.21358, issued September 13, 1833, rate $31.32 per annum, commenced March 4, 1831, Act of June 7, 1832, Massachusetts Agency.
Very truly yours
A. D. HILLER Assistant to Administrator.

29795 Resy INVALID.
1934 - Rept 24 - 1 list Mrs Vera J. Elliott - Ohio
File No. 29,795-
William Fitzgerald
His Rev War
Act June 7 th 32 nd
Index : Vol. 2 , Page 138
[Arrangement of 1870.]

Sept. 1, 1934.
Veteran's Administration,
Washington, D. C.
Gentlemen,
I am endeavoring to get some necessary data to join the D.A.R.
Can you give me any information in regard to the War Record of William May 2  Fitzgerald , a Minute Man of the American Revolution? Probably enlisted from Salem, Mass. I think father and son were both in the war but I wish only for the father's record.
And, especially, if there is any reference to his wife or to his marriage.
Box 604,
St. Petersburg, Florida.
Very truly yours,
(Mrs.) Vera J. Elliott

Commonwealth of Massachusetts } Hampshire County } fs.
Probate Court held at Belchertown in said County of Hampshire the thirteenth day of August A.D. 1833.
I the undersigned B. Read a clergyman, residing in Ware in the same County and Hampshire residing in the same place, hereby certify that I am well acquainted with William Lezgerald who has subscribed and sworn to the declaration to which this is annexed, that I believe him to be eighty six years of age; that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution, and that I concur in that opinion.
Augustus B. Read.
Sworn and subscribed the day and year last above mentioned by B. Read
Before me Samuel Brinsley Judge of Probate
And the Court certifies, that it appears to him that Augustus B. Read who has signed the preceding cer- tificate is a clergyman, resident in said Ware, and that James Lamb stated who has also signed the foregoing statement in said Ware and is a credible person, and that their state- ment is entitled to credit.
Samuel Brinsley Judge of Probate

Commonwealth of Massachusetts Hampshire ss. I Sam F. Lyman Register of the Court of Probate for said County hereby certify that the foregoing contains the amended proceedings of said Court in the matter of the application of William Fitzgerald for a pension
In testimony whereof I have hereunto set my hand & seal of office this Thirteenth day of August A.D. 1833
Sam F. Lyman Register

17613
M rs Fitzgerald
P.O.
Mason Shaw Esq.
Belcherstown
Mass

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of William Fitzgerald which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? No V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? 2 Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? —
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? —
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? —
XVI. ‡Are the papers authenticated as the regulations direct? Yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 1, 2, 6, 7
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For ————— year ————— months, and ————— days, I served as a ————— For ————— months and ————— days, I served as a —————; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the definite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
Private Service not provided for under the Act 7 June 1832